Pawlina Law is a Toronto based firm that focuses on Trademark Law. The Canadian Intellectual Property Office (“CIPO”) is a special operating agency of Innovation, Science and Economic Development Canada which is responsible for administering Trademarks and Patents in Canada. Karol Pawlina is a registered Trademark Agent with CIPO. By understanding the complex and rigid rules of Trademarks and Copyrights, we can help you find solutions to your Intellectual Property matters. By assisting you with making informed business decisions and by having things done properly from the outset, we can save you time and money in the long run. We can advise you in a wide range of services, including:
Canadian Trademark Search and Opinions
Not all trademarks are registrable. We can review your proposed trademark application, conduct various searches, and provide a written opinion regarding whether your proposed trademark is likely to be registrable.
Please note that our standard trademark application service does NOT include a trademark search and written opinion. This approach is intentional. A comprehensive trademark search and legal opinion is a substantial undertaking. Because these opinions carry significant professional liability, they must be carefully researched and thoroughly analyzed across multiple trademark databases and sources. As a result, preparing a proper search and opinion can be relatively costly.
In many cases, it is more efficient and cost-effective for clients to proceed directly with filing the trademark application. Once filed, the application will be reviewed by a trademark examiner, and the mark will eventually be published, allowing third parties the opportunity to oppose the application if they believe it conflicts with their rights. This process provides a practical mechanism for identifying potential conflicts without incurring the upfront cost of a full legal search and opinion. The trademark can be abandoned at any time should the trademark examiner or a third party object to the trademark.
That said, trademark searches and written opinions can certainly be completed when requested. However, because they involve additional research and analysis, they are quoted and billed separately from the trademark application service.
Preparing and Filing a Canadian Trademark Application
Filing a Canadian Trademark Application is the first step in acquiring a Trademark Registration. A trademark is a combination of letters, words, sounds or designs that distinguishes one company’s goods or services from those of others in the marketplace. We can prepare and file a Canadian trademark registration application for you. The trademark process is complex. After filing a Trademark application, it is examined by a Trademark Examiner who may have objections as to the way your trademark was filed. We can respond to an office action for you, including amending the application if required, to overcome these objections. Such responses may include arguments to be submitted if significant objections are raised by the examiner including confusion objections based on prior applications. More information can he found here.
Should the Trademark Examiner receive and review your application, and have no objections or any objections they had were overcome by providing a response or amending the application, an Approval Notice will be issued. We will receive and report this Approval Notice to you. Following the issuance of an Approval Notice, your Trademark will be published in one issue of the Canadian Trade-Marks Journal, which is published weekly. If there is no opposition to your application, or if an opposition has been decided in your favour, your trademark will proceed to registration. We will assist you with every step in the process.
Cost for Obtaining a Canadian Trademark Application
The current estimate of obtaining one Trademark registration in Canada is at least CDN$1,430.00 + HST in professional fees plus disbursements which will be a minimum $478.15. Please note the fee will vary depending upon a variety of factors including the complexity of the wares and services applied for; the need to obtain extensions of time, etc. Please do not hesitate to contact us to book a courtesy call.
This estimated cost includes current fees and government disbursements which may change from time to time and without notice. In addition, and as stated above, the estimate provided excludes the costs of an opposition or an expungement proceeding which may be required for an application to proceed to registration. It also excludes administrative filings such as an assignment, or a change of address recordal. Pawlina Law’s hourly rates for Trademark Prosecution are $360.00 per hour + HST.
| CURRENT ESTIMATE FOR ONE TRADEMARK APPLICATION IN CANADA | ||
| Description (Italic steps may not be necessary) | Our Fee + HST | Government Fee (2026) |
| Prepare and file one Trademark application and report filing particulars including review of wares and/or services for compliance with the Canadian Wares and Services Manual as at the date of filing | $670.00 | $491.06 for the first class + $149.04 for each additional class |
| Review and report one office action, if any | Hourly Rates Apply | N/A |
| Respond to one office action if any, including amending application if required (such responses may include arguments to be submitted if significant objections are raised by the examiner including confusion objections based on prior applications) | Hourly Rates Apply | N/A |
| Extension of time to respond to office action (one extension permitted if required), if any. Please note a further extension of time to respond to an office action is permitted only based on exceptional circumstances (hourly rates will apply) | $180.00 | N/A |
| Obtaining and filing certified copy of priority application (if required) | $180.00 | $50.00 |
| Reporting approval notice | $380.00 | N/A |
| Reporting certificate of registration | $380.00 | N/A |
| MISCELLANEOUS FEES | ||
| Reminder Fee (if client instructions are not received after the first reminder, 15 business days before the deadline) | $100.00 | N/A |
| Abandoning application on without prejudice basis, sending abandonment notice and closing file | $180.00 | N/A |
Section 45 Trademark Expungement Proceedings
Under the Canadian Trademarks Act, any person may request that the Registrar of Trademarks issue a notice requiring the owner of a registered trademark to show that the trademark has been used in Canada. This type of proceeding is commonly referred to as a Section 45 expungement proceeding. If such a notice is issued, the trademark owner must provide evidence demonstrating that the trademark has been used in Canada during the three-year period immediately preceding the date of the notice, or provide valid reasons explaining why the trademark has not been used. If the owner cannot demonstrate use, and there are no special circumstances justifying the lack of use, the registration may be removed (expunged) from the Register of Trademarks.
Section 45 proceedings are often used by businesses to challenge trademarks that are no longer actively used in the marketplace, helping to clear the register of unused marks that may otherwise block new trademark applications.
We can assist both parties in Section 45 proceedings. Our services include preparing and filing requests for Section 45 notices, gathering and presenting evidence of trademark use, preparing written submissions, and representing clients throughout the proceeding before the Registrar. We can also assist trademark owners in defending against Section 45 proceedings to help maintain their trademark registrations. More information can be found here.
Trademark Opposition Proceedings
An opposition is a legal proceeding before the Registrar of Trademarks in which a third party (the “opponent”) objects to the registration of a trademark in Canada. After a trademark application has been examined by the Canadian Intellectual Property Office (CIPO), it is published in the Trademarks Journal. Once published, any party who believes the trademark should not be registered has a limited period of time to file an opposition.
Oppositions are typically based on claims that the applied-for trademark conflicts with an existing trademark, is not distinctive, that the applicant is not entitled to register the mark, or that the application does not comply with the Trademarks Act. Trademark opposition proceedings are similar to litigation and involve several stages. These may include the filing of a statement of opposition, a counterstatement from the applicant, the submission of evidence by both parties, cross-examinations, written arguments, and sometimes an oral hearing before the Registrar. After reviewing the evidence and arguments, the Registrar will issue a written decision determining whether the trademark application may proceed to registration or be refused.
If you wish to oppose a trademark application or need to respond to an opposition filed against your application, we can assist you at every stage of the process. Our services include assessing the strength of your position, preparing and filing the necessary documents, gathering and presenting evidence, and representing you throughout the proceeding before the Registrar. More information can be found here.
Trademark Licensing Agreement
Improper licensing can result in Trademark owners losing their Trademark protection. We can prepare a licensing agreement for you to protect the ownership of your trademark. A review of a Licensing Agreement can be completed on a hourly rate.